Overview

What property lawyers actually do

Property lawyers handle the ownership and use of land beyond a straightforward sale — subdivisions, easements, development, co-ownership and the disputes that arise between neighbours, owners and developers.

Where conveyancing is about completing a transaction, property law is about the rights attached to the land itself, and it is where the more complicated questions end up.

The work they handle

Subdivisions, development approvals and planning matters
Easements, covenants and rights of way
Boundary and fencing disputes
Co-ownership disputes, including applications to force a sale
Off-the-plan purchases and sunset clauses
Adverse possession and title rectification

New South Wales

Where a matter like this is heard

Local Court of NSW

Handles most criminal and traffic matters, and smaller civil claims.

District Court of NSW

Handles serious criminal trials, appeals and larger civil claims.

Supreme Court of NSW

Handles the most serious criminal matters, large commercial disputes and probate.

NSW Civil and Administrative Tribunal (NCAT)

Handles tenancy, consumer, guardianship and administrative review matters.

NSW is the largest legal market in the country, so specialisation runs deep — in Sydney you can usually find a firm that does nothing but your kind of matter.
Contracts for the sale of residential land in NSW carry a statutory cooling-off period, which is one reason conveyancing is engaged early rather than at settlement.

When to call a property lawyer

You are buying land with development potential
A neighbour is disputing a boundary, fence or access
You co-own a property with someone who wants out and you do not
An easement or covenant is restricting what you can do
Your off-the-plan purchase has hit a delay or a sunset clause

What it costs

Advice work is usually hourly; discrete tasks such as preparing an easement or a co-ownership agreement are often fixed fee. Where a matter becomes a dispute it is priced as litigation. Ask early which of the two you are in.

How to choose

Property law is state law

Titles systems, planning regimes and dispute processes are all state-based. Use someone who practises where the land is.

Bring the title and plan

Most property questions are answered by the title, the plan of subdivision and the planning overlay. Have them ready.

Neighbour disputes reward early advice

They escalate quickly and are expensive to litigate relative to what is usually at stake.

Before you engage anyone

Check the practitioner holds a current practising certificate. In New South Wales that is The Law Society of New South Wales, and the register is public.

Check the NSW register ↗

Common questions

My neighbour's fence is on my land — what can I do?

Start with the title and survey, since boundaries are frequently not where people assume. Most states have a dedicated fencing dispute process that is cheaper than court, and a property lawyer can point you to it.

Can I force the sale of a property I co-own?

Often yes. Courts have power to appoint trustees for sale where co-owners cannot agree, though it is a last resort and the costs usually come out of the proceeds.

What is an easement?

A right for someone else to use part of your land for a specific purpose — access, drainage, services. It attaches to the land and survives a change of owner, which is why searches matter before you buy.

What is a sunset clause in an off-the-plan contract?

A date by which the development must be completed, after which either party may be able to end the contract. They have been the subject of significant law reform, and the rules differ by state.

This page is general information, not legal advice. Laws differ between states and every situation turns on its own facts — speak to a qualified Australian lawyer before acting. If you cannot afford one, Legal Aid operates in every state and territory.

Property Lawyers by suburb in New South Wales

Chatswood3 Albury2 Baulkham Hills2 Coffs Harbour2 Liverpool2 Albion Park1 Alexandria1 Batemans Bay1

Property Lawyers in other states

Victoria Queensland Western Australia South Australia Tasmania Australian Capital Territory Northern Territory